| For lack of profitability,the zombie companies can survive only rely on the government's policies,subsidies and bank loans.It is no doubt that clearing the zombie companies has become the important work for China to deepen the reform of economy,however,there are still lack of legislation and implementation failure in the enterprise bankruptcy law,which do not conform with the trend of repaying zombies.Moreover,the zombie companies are often protected by local government excessively,the government hopes to maintain the appearance of an economic "prosperity",with the help of the large zombies enterprise.Standing on government's angle,the bankruptcy of zombies enterprise will lead to unemployment,social instability,and will reduce the tax levels for government.It is also a kind of threat for achievements appraisal of leadership of the government,therefore the government always disagree on bankruptcy issue.On the other hand,the zombie companies are also caused by the government's improper intervention through industrial policy,for instance,the subsidies by government for large state-owned enterprises,many enterprise had a lot of excess production capacity to be zombie companies.In the process of clearing of the zombies,the enterprise bankruptcy law doesn't run well.First of all,our country bankruptcy specialized judicial organization is establishing now.Compared to the efficient of United States bankruptcy court,there are problems in China,such as the time-consuming of bankruptcy proceedings,and low efficiency of judicial work,the pressure of judge business,even lack of bankruptcy judge.Besides,bankruptcy case may face a lot of pressure,the court is also not willing to deal with bankr uptcy case.Second,there are some defects in the bankruptcy proceedings in our country,such as bankruptcy long in our country,the lack of summary procedure of related syste ms,as known it is the time that is very important for zombie companies,the longer the duration,the greater the enterprise resource damage,found in practice,a lot of enterprises during execution have nothing to be executed.In addition,when the zombie enterprise bankruptcy,the absence of the administrator in severe cases.It is not because the administrator cannot be specified or not as trustee,but the administrator industry cannot get relatively reasonable quotation with rewards,which lead the case process to more serious.There are moreover difficult in the creditors' meeting resolution,the acceptance of bank ruptcy cases,Compulsory liquidation,etc.Therefore,in order to guarantee the bankruptcy liquidation of the zombie companies,on the one hand,we can take example by the UK,USA,Japan,draw lessons from them and perfect the related system;on the other hand,according to the judicial practice of the court and a bankruptcy judge in Wenzhou,Shenzhen,Zibo,we can learn workable legal system,to perfect the system of the enterpris e bankruptcy law in our country,change the present situation of the bankruptcy law failure,realize the enterprise bankruptcy law in zombie companies disposal,should some value to capacity issues.In order to let the enterprise bankruptcy law can really play a role,we need specialized bankruptcy case judgment.Disposal of "zombie" companies is related not only to the protection of state-owned assets,financial security maintenance,but also employee allocation and again obtain employment security,equal protection of non-public economy and a series of problems,involve wide,the influence is so far.The people's court and local government should establish a unified coordination mechanism for "enterprise bankruptcy,to security management work orderly,steady,and to realize the legal effect and social effect organic unification."Pay attention to overcome local protectionism",and make full use of existing information platform and information resources,detecting and integrating timely the case execution information of the same zombie companies scattered in different courts. |
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